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A trade name, trading name, or business name, is a name that a business uses for trading

commercial products or services. A business may also use its registered, legal
name for contracts and other formal purposes. In English writing, trade names are generally
treated as proper nouns.

C. What is a Trade Name?


A trade name is generally considered the name a business uses for advertising and sales
purposes that is different from the legal name in its articles of incorporation or other organizing
documents. A trade name can also be referred to as a Fictitious Name or a Doing Business As
(DBA). Examples of trade names are the use of the name "Kodak" by the company whose legal
name is Eastman Kodak Company or McDonalds by the company whose legal name is
McDonald's Corporation. A trade name may not include Inc., LLC, Corp. or similar legal endings.
Although a trade name may sometimes also be a trademark, a trade name is not, in itself, a form
of intellectual property.
D. When Can a Trade Name Be Used?
A company may use a trade name for advertising and trade purposes. It is often the name the
general public sees on signs, the internet, and advertisements.
E. What is a Trademark?
A trademark is any word, phrase, design, or symbol that a business uses to distinguish its goods
and services from someone else's and to indicate the source of the goods. In short, a trademark
is a brand name. A trademark can be any combination of the above and can even be a slogan,
such as Coke's "It's the Real Thing." The Nike "swoosh" is a trademark, as is the Gap logo and
thousands of other familiar symbols and logos. Trademarks that have been registered with the
U.S. Patent and Trademark Office should have the registered trademark symbol after the mark
on the product, its packaging, or when used in association with the service.
F. Can a Trade Name Be Used as a Trademark?
When a business is using its trade name to identify its products or services, then the name is
functioning as a trademark, and trademark law must be considered. A company has a legal right
to use a name as a trademark only to the extent that it does not infringe upon existing
trademarks. It is not necessary to register a trademark; however, federal registration has several
advantages, including notice to the public of the registrant's claim of ownership of the mark, a
legal presumption of ownership nationwide, and the exclusive right to use the mark on, or in
connection with, the goods or services set forth in the registration. The trade name Kodak is a
federally registered trademark of the Eastman Kodak Company and the trade name
McDonalds is a federally registered trademark of the McDonald's Corporation.
G. When Does a Trade Name Infringe Upon a Trademark?
If a trade name is similar enough to anothers trademark that it creates a likelihood of
confusion in the mind of a purchaser, it may be infringing the trademark, which can prove to be
a very costly mistake.

Trade Name A trade name is generally considered the name a business uses for advertising
andsales purposes A trade name can also be referred to as a Fictitious Name or a Doing
Business As(DBA). Examples: Trade Name Kodak | Legal name Eastman Kodak Company
Trade Name McDonalds | Legal Name McDonalds Corporation A trade name may not include
Inc., LLC, Corp. or similar legal endings. Although a trade name may sometimes also be a
trademarkWhen Can a Trade Name Be Used? It is often the name the general public sees on
signs, the internet, andadvertisements. www.thenetresearcher.com fkhan@thenetresearcher.com
5. Example Legal Name Trade Name www.thenetresearcher.com fkhan@thenetresearcher.com
6. Trademark A trademark is any word, phrase, design, or symbol that a business uses
todistinguish its goods and services from someone elses and to indicate thesource of the goods.
Trademark is a brand name. A trademark can even be a slogan, such as ---------------- Cokes ""Its
the Real Thing.----------------- The Nike "swoosh Trademarks that have been registered with the
U.S. Patent and TrademarkOffice should have the registered trademark symbol after the mark
on theproduct, its packaging, or when used in association with the service.
Worlds Most Valuable Brands 2014 Forbes.com

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